ND & BM

The case of *ND & BM* concerned an application for leave to appeal a decision of the Family Court of Australia. The applicants, ND and BM, sought to challenge orders made by a judge of that court concerning property settlement. The dispute centred on the division of assets and liabilities between the parties following the breakdown of their marriage.

The primary legal issue before the Full Court of the Family Court was whether the primary judge had erred in law in making the property settlement orders. Specifically, the applicants contended that the primary judge had failed to adequately consider certain contributions made by one of the parties and had made findings of fact that were not supported by the evidence.

Kay J, in delivering the judgment, considered the grounds of appeal and the evidence presented. The Court applied the principles governing appeals from the Family Court, including the test for whether an error of law had occurred. The Court found that the primary judge had made no error of law and that the findings of fact were open to be made on the evidence before the court.

Leave to appeal was therefore refused.